Selected quad for the lemma: judgement_n
Text snippets containing the quad
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B15063
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An act to stay the reuersing of utlaries after iudgement, and to put in baile vpon writtes of error, and reuersing of outlaries before iudgement, and to preuent other abuses committed by vnder sheriffes and attourneys.
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1624
(1624)
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ESTC R226108; STC 18901a.5; Interim Tract Supplement Guide Harl.7617[16]; ESTC R226108; ESTC S123998
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1,177
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4
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An Act to stay the reuersing of Vtlaries after Iudgement and to put in Baile vpon Writtes of Error and reuersing of Outlaries before Iudgement and to preuent other abuses committed by Vndersheriffes and Attourneys Grieuance AFter long time spent with great expence of money in the prosecution the Pl. obtains a Iudgement and after proceeds to the Vtlary after Iudgement being the vtmost proceedings of the Law in all personall actions Notwithstanding vpon some smaâ—l error found in the proceedings these Vtlaries are oftentimes reuersed without satisfaction or taking any order with Plaintiffes to thâ—â—r great dammage and preiudice Remedie Forasmuch as the Law hath not as yet prouided any remedie herein that it may be enacted that no Vtlary after iudgement be reuersed for any cause whatfoeuer in the Court of Common Pleas before the Pl. be satisfied or the debt or dammages otherwise brought into the Court to satisfie the Pl. if it shall appeare to the Iudges to bee a true debt and not satisfied before Grieuance After much time and money spent in suing to the Vtlary afore iudgement vpon Reuersals Writs of Error allowed vpon these Vtlaries the Law hath not prouided any sufficient Remedy for the Defendants appearance and putting in baile to the Pl. Action whereby the said Pl. are exceedingly delayed and hindered in their suits Remedie To be enacted that no Vtlary before Iudgement be reuersed nor any Writ of Er. or allowed thereupon before the Def. put in good Baile to the Pl. suit vnlesse he doth make it appeare to the Court that the Pl. â—s agreed withaâ—l before as is vsed vpon the Statuâ— of 31. Eliz. c. Grieuance All â—one as the Defendants our lawed be arrested vpon Writs of Vtlary to the Pl. tu theâ—â— chaâ—ges Vndersheriâ—tes their Cleâ—kes and Bailifâ—es for their owne gaine doe presently inlarg them without taking any order with Pl. whereby creditors are not onâ—ly much delayed in their Sâ—â—ts but oftentimes defrauded of theâ—â— lawfull debts to the great dishonour of his Maiesties Lawes Remedie To bee enacted that no Sheriffâ— vpon paine of xx li shall enlarge any persâ—n arrested vpon a Capias vtâ—egat before Iudgement before hee hath taken bond of the Def. with two sufficient sureties that the Det. shall appeare vpon the returne of the Writ whereupon he was arrested and put in good Baile to the Pl. suit It doth also prohibit all Attourneys of the Common Pleas for to sue foorth Writs of Trespasse and other fained Writs where the true cause of Action is Debt for that it breedes many inconueniences and mischiefes to the subiect as by the Bil appeareth and is expresly against the Law and ancient practise of that Court which hath euer continued constant and certaine to the subiect in the ground and foundation of their suits vntill of late yeeres Also by expressing the Fees mentioned in the said Act It doth ease the subiect of the payment of some vnnecessary Fees now demanded and taken and doth restraine limit and make certaine other Fees hereafter to be taken by Sheriffes and other Officers about the reuersing and executing of Writs of Velary which before were vncertaine and grieuous to the subiect The other clauses and prouisoes mentioned in the said Bill are dependant and incident to these grievances aforesaid and are onely exprest therein for the better declaring and resoluing of all doubts that might otherwise arise thereupon